Date: 04/13/2023
Type: Implementation of IRA
On April 13, 2023, BLM issued an Instruction Memorandum (“IM”) on the issuance of rights-of-way for solar and wind energy development projects, in compliance with conditions under Section 50265 of the IRA.
A right-of-way for solar or wind energy development is issued under Title V of the Federal Land Policy and Management Act, 43 U.S.C. §§ 1761–1772. That authorization allows the holder to use public lands to generate electricity from solar or wind resources.
The IM provides policy guidance on: 1) identification of time periods for issuance of rights-of-way; 2 ) early internal notification procedures; and 3) completion of satisfaction analyses on compliance with IRA conditions and requirements.